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Durkheim,Emile.1984. TheDivision of Labor in Society. Pp.68-87. NY: The Free Press.Chapter IIISolidarity Arising from theDivision ofLabour,orOrganic SolidarityThe very nature of the restitutory sanction is sufficient to show that:>the social solidarity to which that law corresponds is of a completelydifferent kind.The distinguishing mark of thissanctionis that it is not expiatory,/butcomes down toa mererestoration of the 'status quo ante',.ISuffering in proportion to the offenceisnot inflicted upon the onewho has broken the law orfailjgdto acknowledge it; he is merelycondemned to submit to it. If certain acts have alreadybeenperformed,the judge restores them to what they should be. Hepronounceswhat the law is, but does not talk of punishment.[Damagesawarded have no penal character: they are simply a meansjof putting back the clock so as to restore the past, so far aspossible,Ito its normal state. It is true that Tarde believed that hehaddiscovered a kind of civil penal law in the awarding of costs, whichare always borne by the losing party.1Yet taken in this sense theterm has no more than a metaphorical value. For there to bepunishment there should at least be some proportionality betweenthe punishment and the wrong, and for this one would have toestablish exactly the degree of seriousness of the wrong. In fact theloser of the case pays its costs even when his intentions wereinnocent and he is guilty of nothing more than ignorance. Thereasons for this rule therefore seem to be entirely different.Sincejustice is not administered free, it seems equitable that the costsshould be borne by the one who has occasioned them.Moreover,although it is possible that the prospect of such costs may stop theoverhasty litigant, this is not enough for them to be considered a68Organic Solidarity69punishment. The fear of ruin that is normally consequent uponidleness and neglect may cause the businessman to be energetic anddiligent. Yet ruin, in the exact connotation of the term, is not thepenal sanction for his shortcomings.

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